摘要
民事诉讼书面证言的适用,有降低诉讼成本与提高诉讼效率以及查清案件事实和赋予当事人程序选择权的功能,也有可能扭曲作证者的本意,给出错误的证据信息,妨碍发现案件事实真相,侵害当事人对质诘问权,排除法官辨别证言真意和可信性保障不足的缺陷。在我国,基于平衡当事人实体权利与程序权利的需要,排除传闻证据,采纳直接言词原则,严格适用书面证言的主体、本身及程序,是修正缺陷、解决问题,实现书面证言效果的重要保障。
The application of written deposition in civil procedure can help reducing the litigation cost,enhancing the efficiency,deciding the dispute,guaranteeing the stability of testimony and granting the rights to parties of choosing the procedure they prefer. However,it also has some defects itself,which including the distortion of real intentions of witness in some degree,the hamper of investigations to the facts,the damage to parties＇ rights of confrontation,the exclusion of judging of real intentions o f testimonies in courts,and the insufficiency of credibility.In European countries and America,the application of written deposition has a tendency from severity towards extensity. The application of written deposition in China has developed and made some achievements. There are still many problems need to be solved yet. The quantity,false testimony and content variety are overabundance. In order to make a balance of substantial rights and procedural rights to parties,and to achieve good results to theapplication of written deposition,it is necessary to exclude hearsay evidences and adopt direct words principle,and make a strict application of written testimony.
出处
《河南司法警官职业学院学报》
2016年第2期65-68,共4页
Journal of Henan Judicial Police Vocational College
关键词
书面证言
适用
缺陷
完善
written testimony
application
defect
perfection
